QC Surgery: Fraud

Elizabeth is an experienced commercial litigator specialising in high-value, complex claims and asset recovery. Acting for both claimants and defendants, she has particular expertise in civil fraud litigation and shareholder disputes, often with multi-jurisdictional aspects.

Recognised as a leading lawyer in fraud investigation and litigation, asset recovery, banking litigation and commercial litigation, Anthony has deep expertise gained over a 30 year career in handling complex cross-border disputes. Strategically-minded and a source of astute, commercially-focused advice, Anthony has an established practice acting for financial institutions, major international organisations and high net worth individuals. The most recent directories describe Anthony as having “remarkable litigation instincts”, “a powerhouse who is approachable and sees the shape of issues from a client’s perspective. He is solution-oriented in a truly unusual way” and “absolutely the man you want representing you as he will leave no stone unturned, looks at every angle and understands immediately the opposition’s weak points and leverages them” with “a wealth of unique experience in his field.” In 2021, he was named as one of Britain’s most sought after lawyers by TheTimes following his successful representation of Tatiana Akhmedova in what is reported to be the UK’s largest ever reported divorce award and one of the 100 Hot Lawyers by The Lawyer Magazine. He is the English representative of Fraudnet, the ICC’s global network of asset recovery specialists and a founding member of the Commercial Fraud Lawyers Association. Anthony was both the Managing Partner and Senior Partner at PCB Litigation and following its merger with Byrne & Partners in April in 2021 is now its Senior Partner. The firm is described as having the “intellectual ability, experience and sheer grit to hold their own against any rival” and “the lawyers there handle cases which other firms cannot.”

Dan Wyatt is an experienced commercial litigator with particular expertise in complex, high value civil fraud, financial services, and shareholder/partnership disputes. His work is usually multi-jurisdictional, and frequently involves Russia and Former Soviet Union countries.

Dan advises on proceedings in the English High Court, the Court of Appeal, and the Supreme Court, as well as on arbitration proceedings. Dan is listed by Legal 500 as a Next Generation Partner, and as a recommended lawyer in RPC's commercial disputes and civil fraud practices. He also was nominated as a stand-out lawyer in the 2019 and 2020 Acritas Stars survey.

Caroline acts for corporate and individual clients in relation to a variety of disputes involving breaches of contract and misrepresentations, civil fraud and asset tracing, allegations of bribery and corruption, regulatory and health & safety breaches, breaches of restrictive covenants, and Judicial Review Caroline has experience of litigating through the Courts domestically and internationally.

She is also, however, experienced in resolving disputes through arbitration, mediation and other alternative means of resolution. Caroline is currently part of the team defending a multi-billion dollar fraud claim in the Cayman Islands.

Simon is a partner in the fraud and insolvency team at HFW.

Simon specialises in commercial and insolvency litigation, often involving allegations of fraud or wrongdoing. He has substantial experience of disputes before the English courts, and litigation and arbitration in key venues around the world. Simon has particular expertise in complex contentious insolvency matters, often involving concurrent proceedings in a number of jurisdictions.

Jason is a partner in the Commercial Litigation, Civil Fraud and Asset Tracing department. He specialises in heavy-weight commercial and competition/anti-trust litigation, and arbitration. Many of Jason’s cases involve allegations of fraud and Jason has significant experience of tracing and recovering the proceeds of fraud on behalf of claimants. He regularly acts in cases involving emergency injunctive relief such as freezing injunctions and search orders.

Jason also represents defendants to civil proceedings, and has particular expertise in dealing with civil claims where there is a parallel criminal investigation.

Robert is special counsel in the litigation and arbitration team.

Dr Robert Kovacs specialises in public international law, international arbitration and business and human rights. He has represented individuals, companies, States, and State-owned entities in international disputes across a range of sectors, including energy, mining, construction, banking, mergers and acquisitions, sport, property and technology. He has a focus on Europe, Asia-Pacific and MENA.

Robert holds a PhD in international law, is the former Co-Chair of the Asia-Pacific Forum for International Arbitration and is a senior fellow at the Melbourne University Law School.

Robin Barclay QC specialises in international civil and criminal fraud, bribery, money laundering, market abuse and insider trading and a wide range of banking, financial services and regulatory and disciplinary investigations.

He has been recently described in the UK legal directories as “a class act with the brain of a commercial silk and the court-craft of a criminal one”, “a star individual” and “very impressive; absolutely on top of his area”.

Daniel Saoul KC has a commercial practice encompassing business disputes, civil fraud, sports law and public law. Described by the directories as “the complete counsel“, as an “outstanding advocate” who “commands the court“, and as being “excellent strategically” and “exceptionally good to work with“, Dan is recognised as one of the leading commercial and civil fraud practitioners at the Bar. He has acted in numerous cases involving allegations of dishonesty in a commercial context, including some of the largest cases in the High Court in recent years and cases involving urgent injunctive relief and committal applications, as well as in large scale enforcement proceedings breaking new ground in areas the piercing of trusts and other similar structures. His work is frequently international, including English Court litigation involving cross-border legal issues or foreign law, and includes an extensive international arbitration practice as well as instructions concerning litigation in overseas jurisdictions, in particular, offshore.

David Joseph QC joined Essex Court Chambers in 1985, took silk in 2003. He acts as a barrister, advocate and arbitrator. He is a member of the Bar of England and Wales and of the Eastern Caribbean Supreme Court. He has also been called ad hoc to argue cases before the Court of Appeal in Singapore and the Court of Final Appeal in Hong Kong.

He is well-recognised not only in the English courts but across the common law world as an authority in the twin fields of international arbitration and jurisdiction disputes. He is consistently recommended in the top tier of each of the UK and global directories in the field of international arbitration. He is also recommended in commercial litigation, general insurance and aerospace. In 2013 he was chosen as Silk of the Year in International Commercial Arbitration by both Chambers Directory and the Legal 500. He was also short-listed by Chambers Directory in this category in 2012 and again in 2017.

Tiffany is an experienced advocate specialising in commercial litigation, trusts and estates disputes, property litigation and professional liability claims. She has experience in ‘business’ litigation of all kinds, often with an international element, including fund and partnership disputes, shareholder disputes, claims against fiduciaries, and claims arising out of insolvency and civil fraud.

She enjoys working as part of a litigation team and is recognised for being “a very able chancery practitioner, a good advocate and an excellent team member” (Chambers & Partners), as well as for her meticulous preparation of cases, attention to detail and first-rate drafting skills. She “offers comprehensive advice and always handles cases and clients with care and efficiency” (Chambers & Partners).

Tim has a strong commercial and chancery litigation practice, specialising in the areas of commercial fraud, shareholder disputes, court-appointed receiverships, financial services related claims and breach of confidence, ‘soft’ intellectual property and sports disciplinary disputes.

Tim has a particular expertise in worldwide freezing orders and search orders, and much of his work involves injunctions and/or complex jurisdiction and conflicts of laws issues in England and Wales as well as in a variety of common law jurisdictions. He has been instructed to advise and act in many high profile commercial cases, including acting for a number of the defendants in National Trust Bank v Yurov, and for the wife the high value divorce case Akhmedova v Akhmedov. He has been involved in a number of important recent cases in the developing area of receiverships by way of equitable execution and cross-border recognition of court appointed receivers, and he is the author of the chapter of Kerr and Hunter on Receivers and Administrators on Recognition of Foreign Court-Appointed Receivers (2020) dealing with cross-border recognition. He has also been involved in the leading recent cases on collective investment schemes in the Supreme Court and Court of Appeal. Most recently, during 2020 he has completed a course on Cryptocurrency and Disruption at LSE, has delivered a lecture on litigation involving cryptocurrencies and is currently instructed on a fraud claim involving the misappropriation of cryptocurrency.

Tim is called to the Bar in the BVI, and is currently instructed in various high value cases in the BVI, the Turks & Caicos Islands and the Cayman Islands.

Session: 2.40pm  A Game of Hide and Seek: Enforcing a Divorce Award

Giles Wheeler has been described in Chambers & Partners as a “strong and forceful” advocate who is “top-notch. His drafting skills are excellent, he’s great on his feet, is very user-friendly and his advice is sound”.

He is routinely instructed in a wide-range of substantial commercial disputes.  His experience covers substantial banking disputes (including mis-selling cases, fintech disputes, derivatives and POCA matters), civil fraud, breach of fiduciary duty, breach of director’s duty claims, regulatory matters, and professional negligence (with a particular emphasis on finance oriented professions).  Giles is comfortable in handling technically complex matters and disputes involving expert evidence.

Emma is developing a diverse commercial chancery practice in line with chambers’ profile. Her work covers a range of practice areas, including: commercial litigation; international commercial arbitration; civil fraud; trusts litigation; company disputes; and conflict of laws.

Emma is regularly instructed in her own right in the High Court and the County Court, as well as part of a larger counsel team. She has experience in a range of advisory work and drafting. During her first year of practice, Emma was also seconded to the commercial disputes team of an international law firm.

Lauren Kreamer joined Radcliffe Chambers in 2017, following the completion of her pupillage.

She has experience in a broad range of commercial and Chancery work, including insolvency, banking & finance, commercial disputes, private client, and contentious probate, wills and estates.

Lauren accepts instructions in all areas of chambers practice. Between December 2018 and March 2019, Lauren was seconded to a banking group, to assist in a multi-billion pound arbitration.

Freddie has a broad commercial practice spanning Chambers’ areas of expertise. Since commencing practice, she has been instructed in major LMAA and LCIA arbitrations and a $2 billion fraud and conspiracy claim in the Commercial Court as junior counsel.

She has appeared as sole advocate in trials and applications in the High Court and County Court as well as in multiple lengthy trials in the Employment Tribunal. She has also appeared as both sole and junior counsel in the High Court, including seeking urgent injunctive relief.

Tom has a busy practice which focuses on commercial disputes but also encompasses civil fraud, company and insolvency, property, professional negligence, trusts and private client work.

His cases often have an international dimension and his clients have included government agencies, multinationals, major banks and large London estates.

He has appeared in a range of different courts and tribunals and continues to work on complex, high-value cases. His experience also includes arbitration and mediation. He has extensive experience in emergency matters such as obtaining or resisting freezing and search orders.

Bibek has a broad commercial practice in line with Chambers’ profile, with a focus on cases involving statistical or quantitative elements.

He has particular interests in commercial litigation & arbitration, civil fraud, the conflict of laws, employment and shipping. He has acted and appeared in a wide spectrum of commercial and employment disputes in the Commercial Court, the Queen’s Bench and Chancery Divisions of the High Court, the Tax Tribunal and the Employment Tribunal. He also has experience in a wide range of arbitrations including ad hoc arbitrations and those conducted pursuant to HKIAC, ICC, LCIA and LMAA rules. Bibek also has experience of arbitration-related court applications, including advising on section 67, 68 and 69 challenges. He is equally comfortable acting as sole counsel or as part of a larger team.

Already described in The Legal 500 as “a fantastic senior-junior”, Jack has a busy commercial and chancery practice with significant experience acting in high value and complex disputes regularly in cases involving an international dimension, often appearing on his own against QCs or senior junior barristers. In particular Jack’s practice includes civil fraud disputes, company and insolvency, trusts, breach of fiduciary duties, professional liability as well as property-related work. Equally comfortable working on his own or as part of a larger team, he has significant advocacy experience appearing as sole counsel in a wide range of matters in his own right in the High Court, appellate Courts and Courts of foreign jurisdictions.

Jack is ranked in both The Legal 500’s and Chambers & Partners as a leading junior.

Francis is a very experienced silk regarded as a “Intellectually adept, a pleasure to deal with, prompt with advice, navigates complexity and is very user friendly” in relation to his expertise in a number of areas.

He is valued for his detailed understanding of the commercial and financial issues affecting clients and acknowledged as an extremely effective advocate in court as well as on paper. This has made him a popular choice for credit crunch and post-credit crunch disputes and civil fraud claims involving forensic accountancy.

A large proportion of his work is international in nature and he has a well-deserved reputation for his international expertise, having acted and advised in many offshore jurisdictions such as the Cayman Islands, BVI, the Bahamas, Bermuda, Guernsey, Gibraltar, Cyprus and the Isle of Man. He is called to the Bar of the Eastern Caribbean. His pre-eminence in multi-jurisdictional disputes involves him in strategy, interim remedies such as freezing injunctions, conflicts of law, asset tracing and recovery.